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Police were on Wednesday night preparing capital offence charges that attract a death sentence, against Mr Kajwang’.

The Nation established that the State planned to rely on Section 59 and 60 of the Penal Code, which talks about illegal oaths.

Section 59 says: “Any person who is present at, and consents to the administering of any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or takes any such oath or engagement, not being compelled to do so, is guilty of a felony and is liable to imprisonment for life.”

Following his arrest, his supporters had camped outside the Directorate of Criminal Investigations headquarters on Kiambu Road demanding for his release.